First Amendment - Freedom Of Religion Flashcards
What is the free exercise clause?
Prohibits government from punishing someone on basis of their religion/ religious conduct.
Despite the free exercise clause…
The court may inquire into the sincerity of a persons belief if relevant, but not the truthfulness of the persons belief.
A government regulation violates the establishment clause unless
It has a secular purpose; primary effect that doesn’t advance or inhibit religion; and doesn’t produce excessive government entanglement with religion
What are the four categories of establishment clause cases?
Sect preference, cases unrelated to financial aid or education, cases involving financial benefits to religious institutions, and religious activities in public schools.
What is the establishment clause?
It prohibits the government from taking government action respecting the establishment of religion.
Cases unrelated to financial aid or education
Law burdening/ favoring religion will be invalid, but a law favoring a large part of society that includes religious groups is generally valid.